(1) If an individual dies intestate as to all or a portion of his or her estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement, or (ii) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
For the purposes of subsection (1) of this section, property advanced is valued as ofthe time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
If the recipient of the property fails to survive the decedent, the property is not takeninto account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
An heir who has received from the intestate estate more than his or her share shall inno case be required to refund, except as otherwise provided by section 15-11-203.
Source: L. 94: Entire part R&RE, p. 979, § 3, effective July 1, 1995.
Editor's note: This section is similar to former § 15-11-110 as it existed prior to 1995.